High Court upholds "statute-barred" asbestos claim
The High Court has rejected a major employer's appeal against a dying worker's $425,000 mesothelioma award.
The High Court has rejected a major employer's appeal against a dying worker's $425,000 mesothelioma award.
The binding UK authority on personal injury claims shows that an asbestos-related cause of action accrues when the damage becomes "more than negligible", regardless of whether it is detectable at the time, the High Court of Australia has been told.
The High Court will determine whether a mesothelioma-related cause of action arises at the time asbestos is inhaled or when the symptoms of the disease become apparent, after an employer was granted special leave to appeal against a $425,000 damages award.
A mesothelioma sufferer has been awarded $425,000, after the Northern Territory Court of Appeal reversed a controversial decision that he was statute-barred from claiming damages.
An employer that negligently exposed a worker to asbestos in the 1970s has defeated a damages claim. The Northern Territory Supreme Court found the mesothelioma sufferer was statute-barred from making a claim, but the man has appealed the decision.
In a case that should prompt employers to review how they treat and manage injured workers, the Northern Territory Magistrates Court has awarded workers' compensation to the family of a man who committed suicide after injuring his wrist.
A Northern Territory worker who claimed he injured his back while lifting 91kg concrete caps has lost his damages bid, after the Supreme Court found his employer explicitly forbade such work, and surveillance footage contradicted his claims.
First NT employer fined under model WHS Act; Two in five incapacitated workers unsure of RTW goals; WorkCover SA overhaul to include early-intervention call centre; Qld employers' absence rates and reputations to improve under new wellbeing program; and Alert and video released after young workers killed.
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